Follow Seven Dos & Don’ts When Preparing and Delivering Rent Demands

November 12, 2019    

Before you can sue to evict a tenant for not paying the rent, you must send the tenant a legal notice known as a “rent demand.” In it, you ask the tenant to pay the rent owed and give him a chance to pay before starting a nonpayment proceeding. Although this seems simple enough, a...

How to Request Additional Time to Correct HPD Violations

October 11, 2019    

When you get a violation notice from the city’s Department of Housing Preservation and Development (HPD), it will specify a deadline for correcting the violation. HPD issues violations to owners of buildings that don’t meet the standards of the city’s Housing Maintenance Code...

What to Do if Tenant’s Adult Child Has Taken Over Rent-Regulated Apartment

September 19, 2019    

Seven plaintiffs have joined the Rent Stabilization Association (RSA) and Community Home Improvement Program (CHIP) to sue over new rent regulations they claim are ‟unconstitutional.” The plaintiffs are management companies run by three different landlords and an individual landlord. The...

Housing Court Proceedings: Changes Under the New Law

August 22, 2019    

The Housing Stability and Tenant Protection Act of 2019 (HSTPA) made significant changes to various statutes governing rent-stabilized housing, including the Emergency Tenant Protection Act, the Rent Stabilization Law of 1969, various provisions of the State Real Property Law, The Real Property...

How to Comply with NYS and NYC’s Anti-Sexual Harassment Training Requirements

July 29, 2019    

Last year, both New York State and New York City enacted several significant measures regarding sexual harassment in the workplace. At the state level, the labor law was amended to require the Department of Labor and Division of Human Rights to collaborate in developing both a model sexual...

The Housing Stability and Tenant Protection Act of 2019: What You Need to Know

July 11, 2019    

By Eileen O’Toole, Esq.

On June 14, 2019, the New York State Legislature enacted the Housing Stability and Tenant Protection Act of 2019 (the Act), which significantly altered existing rent control and rent stabilization...

How to Avoid Risks Posed by Tenant-Superintendents

June 20, 2019    

Owners sometimes hire tenants to be superintendents. This practice can lead to serious problems unless the owner takes precautions. When a tenant is hired to act as a superintendent, he becomes the owner’s employee. This is not a problem. But suppose the owner later wants to fire the...

City Council Passes Tenant Harassment and Displacement Legislation

May 23, 2019    

The City Council recently passed 17 bills meant to protect tenants and prevent landlords from harassing them out of their apartments. The legislative package includes new rules on renovations, tenant buyouts, housing court process servers, and more. With its passage, owners cannot use...

Give Tenant Advance Notice Before Starting Eviction Proceeding

April 18, 2019    

The Rent Stabilization Code (RSC) requires you to give advance notice to a rent-stabilized tenant before you can seek his eviction in most cases. The notice, known as a termination notice, informs the tenant that he must vacate or give up his apartment by a certain date.

How to Prevent Housing Discrimination Claims Based on Race or Color

March 19, 2019    

The New York City Commission on Human Rights recently announced the launch of its new “While Black” ad campaign to combat racial discrimination. According to Carmelyn P. Malalis, chairwoman and commissioner of the organization, the ad campaign is an effort to encourage more people to...

How to Follow the Rent Stabilization Code’s Settlement Rules

February 22, 2019    

It may be to your advantage to settle with a tenant over a complaint he’s filed with the DHCR before the DHCR makes a decision on the complaint. Doing so can save you time and money, and you can avoid concerns over an uncertain result. But you need to be careful about how you settle the...

Stop Collecting Retroactive MCI Increases If Tenants Appeal

January 25, 2019    

Several new and re-elected state senators have made eliminating rent increases tied to major capital improvements (MCIs) important parts of their housing agenda. Last year, State Senator Mike Gianaris and Assemblyman Brian Barnwell introduced a bill in their respective chambers that would repeal...